Legal Reasoning
Which standard of review is most deferential to the government?
A. Strict scrutiny
B. Intermediate scrutiny
C. Rational basis
D. Undue burden
Answer: C
📌 Reason: Rational basis requires only a legitimate government interest and a rational connection — a very low bar.
Which of the following best describes the reasoning the Court used to establish its authority in Marbury v. Madison?
A. Congress cannot pass laws that conflict with the Constitution
B. The President can ignore judicial appointments
C. States have final authority over federal laws
D. Judicial review applies only to executive actions
Answer: A
📌 Reason: Chief Justice Marshall held that the law giving the Court power to issue writs of mandamus conflicted with the Constitution, establishing the principle that the judiciary can declare federal laws unconstitutional.
Which clause of the Fourteenth Amendment has been the primary vehicle for incorporating most of the Bill of Rights against the states?
A. Equal Protection Clause
B. Privileges or Immunities Clause
C. Due Process Clause
D. Supremacy Clause
Answer: C
📌 Reason: The Supreme Court has relied on substantive due process, not Privileges or Immunities, for selective incorporation.
Which doctrine allows courts to avoid constitutional questions if possible?
A. Stare decisis
B. Political question doctrine
C. Constitutional avoidance
D. Mootness
Answer: C
📌 Reason: Courts prefer statutory interpretations that avoid reaching constitutional issues when possible.
In Brown v. Board of Education, the Court relied heavily on which social and psychological reasoning to support its constitutional holding?
A. Segregation violates the Privileges and Immunities Clause
B. Segregation inherently imposes psychological harm and feelings of inferiority
C. Separate facilities are permissible if “equal”
D. Congress mandated desegregation through legislation
Answer: B
📌 Reason: The Court cited social science evidence, including studies on psychological effects, to show “separate but equal” is inherently unequal, grounding the decision in the Equal Protection Clause.
What vote is required in Congress to override a presidential veto?
A. Simple majority in both houses
B. Two-thirds in both houses
C. Three-fourths in both houses
D. Unanimous vote in the Senate
Answer: B
📌 Reason: Article I requires a two-thirds vote in both the House and Senate to override a veto.
What does dicta refer to?
A. Binding portions of a judicial opinion
B. Statements unnecessary to the holding
C. Lower court rulings
D. Majority opinions only
Answer: B
📌 Reason: Dicta are nonbinding remarks that go beyond what is required to decide the case.
Which limitation did the Supreme Court emphasize in its interpretation of the Second Amendment in DC v. Heller?
A. The right extends to fully automatic weapons
B. The right is unlimited in all circumstances
C. The right applies to lawful possession in the home for self-defense
D. Only state militias have Second Amendment protections
Answer: C
📌 Reason: The Court clarified that the Second Amendment guarantees an individual right to possess firearms for lawful purposes in the home, but it does not prevent regulation of firearms generally.
Which document directly influenced the Constitution’s decision to create a bicameral legislature?
A. The Declaration of Independence
B. The Articles of Confederation
C. The Magna Carta
D. The Federalist Papers
Answer: B
📌 Reason: The failure of the unicameral Congress under the Articles of Confederation led the framers to adopt a bicameral legislature to balance representation and power.
Which doctrine limits courts from deciding issues committed to other branches?
A. Standing
B. Ripeness
C. Political question doctrine
D. Judicial review
Answer: C
📌 Reason: The political question doctrine prevents courts from resolving issues constitutionally assigned to political branches.
US v. Nixon is often cited for limiting executive power. Which legal doctrine did the Court emphasize?
A. Absolute executive immunity
B. Separation of powers does not allow the President to obstruct justice
C. Judicial review only applies to Congress
D. State laws supersede presidential privilege
Answer: B
📌 Reason: The Court held that even the President is subject to the law, and executive privilege is limited, especially in criminal proceedings — balancing separation of powers with rule of law.
Which Framer is most responsible for drafting the Bill of Rights?
A.Thomas Jefferson
B. James Madison
C. John Adams
D. Patrick Henry
Answer: B
📌 Reason: Madison initially opposed a separate Bill of Rights but later drafted the first ten amendments to secure ratification.
Which principle explains why lower courts must follow Supreme Court precedent?
A. Judicial restraint
B. Federalism
C. Stare decisis
D. Supremacy Clause
Answer: C
📌 Reason: Stare decisis ensures consistency and stability by requiring adherence to binding precedent.
In Gibbons v. Ogden, which subtle principle did the Court articulate about the scope of federal power under the Commerce Clause?
A. States may regulate any commerce if it is local
B. Congress may regulate all commerce that substantially affects more than one state
C. Commerce Clause powers are limited to physical trade only
D. Federal commerce power does not extend to navigation
Answer: B
📌 Reason: The Court held that Congress has the power to regulate interstate commerce broadly, including navigation, because it substantially affects multiple states, limiting conflicting state laws.
A state requires public school students to recite a prayer daily but allows exemptions for students of certain religions. Which clause is violated?
A. Free Exercise Clause
B. Establishment Clause
C. Supremacy Clause
D. Equal Protection Clause
Answer: B
📌 Reason: Even with exemptions, government-directed prayer violates the Establishment Clause. Free Exercise protects religious practice, not government coercion.